The Participant identified below (“Participant”) desires to participate (as a team member, coach, mentor, judge, volunteer, trainee, or in some other manner) in the FIRST® Robotics Competition, FIRST® Tech Challenge, FIRST® LEGO® League, FIRST® Professional Development, or another FIRST ® program (a “Program” or together the “Programs”) through FIRST in Michigan (“FIM”). For detailed information about FIRST’s Programs and FIRST’s Youth Protection Program, visit www.firstinspires.org. For detailed information about FIRST in Michigan, visit www.firstinmichigan.org.
In consideration of and as a condition of allowing Participant to participate in a Program, FIRST in Michigan (hereafter referred to as “FIM”) requires that the Participant agree to the terms of this Consent to Participate and Release Agreement (the “Agreement”). Participant understands that participation in the Programs is voluntary. Intending to be legally bound, Participant (or his/her parents or legal guardians, if Participant is under age 18) knowingly and voluntarily executes this Agreement on behalf of him/herself and their personal representatives, heirs, and next of kin. References to “Participant” in this Agreement include the Participant’s parents or legal guardians if the Participant is under age 18, unless otherwise noted.
1. Assumption of Risk:
(a) Participant understands that participation in the Program may expose Participant to risks of injury and illness including, without limitation, injury and illness resulting from building, lifting, and using electrical/mechanical robots and robot components; using tools; other participants; physical activities; COVID-19 (see below) and other infectious diseases; and other activities associated with participation in the Program. Participant understands that FIM does not select, employ, supervise or otherwise exercise authority or control over the coaches, mentors, and other participants during their participation in the Program.
Participant acknowledges and agrees that he/she is primarily responsible for his/her safety. The Parent/Guardian of a Participant under 18 years of age acknowledges and agrees that the Parent/Guardian is primarily responsible for the Participant’s safety and that the Parent/Guardian will monitor, as appropriate considering the age of the Participant and other factors, the Participant’s participation in the Program.
Participant acknowledges that an event held outside of the normal FIRST competition season (“off-season event”) or an event held during the competition season that is not hosted by FIRST in Michigan (such as a scrimmage hosted by a team) is not a “FIM event”, unless FIM explicitly designates it as a “FIM event.” Therefore, Participant agrees not to hold FIM responsible and agrees to hold FIM harmless for any injuries or damages sustained while attending an off-season event or in-season event not hosted officially by FIM.
(b) COVID-19. Participant understands and agrees that participation in the Program presents certain risks and dangers to Participant, both serious and minor, arising from being exposed to the COVID-19 virus. COVID-19 is a disease caused by the virus SARS-CoV-2, declared by the World Health Organization to be a global pandemic. Participant understands that COVID-19 is considered highly contagious and is primarily spread from person-to-person, including by asymptomatic persons. COVID-19 is more likely to spread when people are in close proximity to one another. Participant understands that, while participating in a Program, Participant will be in close proximity to other persons, some of whom may be infected by, and able to spread, COVID-19.
Participant understands and acknowledges that, given the unknown nature of COVID-19, it is not possible to fully list each and every risk of contracting COVID-19. Nevertheless, some of the generally understood risks include health consequences, personal injury, illness, permanent disability and even death, and may include coughing, shortness of breath, difficulty breathing, fever, chills, shaking, muscle pain, headache, sore throat, loss of taste or smell, pain or pressure in the chest, confusion, upper respiratory distress syndrome, pediatric multisystem inflammatory syndrome, and other symptoms and risks (“COVID-19 Exposure”).
Participant understands and appreciates that COVID-19 risks are inherent in participating in a Program and that Participant may contract COVID-19 as a result of participating in a Program. Participant agrees that Participant knowingly assumes the risk of any and all COVID-19 Exposure. Participant understands and agrees that this Agreement waives and releases the right to make any and all claims whatsoever related to COVID-19 Exposure and any and all claims for any resulting injury, disability, or illness up to and including death.
2. COVID-19 Symptom-Free Participation:
Participant agrees that Participant will not participate in person in a Program if Participant or any individual residing in the same home as Participant has had any symptoms of COVID-19 during the 14 days preceding the date of participation or has tested positive for COVID-19 and has not yet fully recovered, as determined by the Participant’s treating physician. This requirement applies regardless of the vaccine status of Participant unless and until guidance is updated by public health authorities regarding the transmissibility of COVID-19 by individuals who have been fully vaccinated. Participant will comply with any COVID-19 screening or exposure control practices which may be adopted by FIM when participating in a Program and will also comply with any COVID-19 requirements of the State of Michigan or any local jurisdiction in which the Program is located.
3. Release of All Claims:
In consideration for Participant’s voluntary participation in the Programs, Participant (or the Parent/Guardian of a Participant under 18 years of age for and on behalf of the Participant and the Parent/Guardian) assumes all risk of such participation and hereby releases FIM and its directors, officers, employees, other participants, and agents (“FIM Releasees”) from any and all claims, suits, liabilities, actions, and causes of action, including but not limited to claims of negligence on the part of the FIM Releasees, which Participant, or his/her legal heirs, representatives, successors, conservators and assigns may have, now or in the future, which arise directly or indirectly from the Participant’s participation in the Program. This release covers any property or personal loss or damage or other loss caused or alleged to be caused, in whole or in part, by the ordinary negligence (but not gross negligence or intentional wrongdoing) of the FIM Releasees.
Participant (and the Parent/Guardian of a Participant under 18 years of age) agrees to indemnify FIM Releasees from and against any and all claims, suits, actions, causes of action including, but not limited to, claims of negligence, and any other liabilities, including attorneys’ fees by any person arising out of, or resulting directly or indirectly from the Participant’s participation in any Programs, including, but not limited to, damage to personal property caused by the Participant or injury of any person caused by the Participant.
5. Covenant Not to Sue:
Participant agrees that he/she shall never institute or cause to be instituted, any suit, charge, demand, claim, complaint, or cause of action, in law, in equity, or otherwise, in any court, or in any arbitration system or procedure, against the FIM Releasees arising out of the Participant’s participation in any Programs.
6. Consent to Record and Collect Personally Identifiable Information, and Ownership of Recordings:
(a) Participant understands that live broadcasts, photographs, videotapes, and other recordings (collectively the “Recordings”) may be made of participants in the Programs, including the Participant. Participant consents to those broadcasts, photographs, videotapes, and other recordings and the use thereof (i) as part of a record of the Program and (ii) to publicly promote FIM and the Programs. Participant (and the Parent /Guardian of a Participant under 18 years of age) understands the consent hereby given extends to any and all sponsors of the Programs and such sponsors may use such photographs, videotapes and other recordings for their own respective advertising, publicity, commercial or other business purposes in all markets.
(b) Participant understands that FIM is the sole and exclusive owner of all right, title and interest in the Recordings including all copyrights and other intellectual property rights and that the Participant will not have any right to review and approve any such Recording before it is used or disclosed.
7. Entire Agreement/No Waiver:
This Agreement represents the entire agreement between the parties with regard to the matters herein and supersedes any other agreement or understandings, whether written or oral, and cannot be changed unless agreed upon and signed by an authorized representative of FIM in writing. Any waiver of any obligation of either party to the Agreement by the other party shall not be construed to be a waiver of any other obligations or the same obligation on a future occasion.
8. Severability and Counterparts:
The terms of this Agreement are independent of each other. If a term in the Agreement is deemed unenforceable by a court, the remaining terms shall remain in full force and effect. Multiple copies of this Agreement may be signed, all of which constitute one and the same agreement.
Participant acknowledges and agrees that this Agreement is entered into in the State of Michigan, that its validity, effect, and operation shall be determined according to the laws of Michigan (but not its conflict of laws rules), and Participant agrees to submit to the jurisdiction of the state and federal courts located in Michigan. Participant (and Participants parents or guardians, if Participant under age 18) waives the right to a trial by jury in any civil action. By signing below, Participant understand that FIM may bring a civil action to enforce Participant’s obligation. In such an event, Participant agrees that he/she shall be liable for and shall pay to FIM its costs, including, but not limited to, attorneys’ fees, in bringing and prosecuting the enforcement action, in addition to any other amounts that Participant may owe to FIM by way of judgment, settlement, or otherwise.
Participant has read this Agreement and understands that it includes a release and waiver of the right to make any injury or damage claims (as described above) and that it is intended to be legally binding.
By signing below, Participant (or the Parent/Guardian of a Participant under 18 years of age) acknowledges that they have read, understand, and agree to this Consent to Participate and Release Agreement.
Electronic Signature: By signing this Agreement, Participant acknowledges and agrees that his/her electronic signature has the same legal effect and validity as his/her written signature, and that this Agreement is valid and will be given the same legal effect as a written and signed agreement. Participant further acknowledges and agrees that no certification authority or other third party verification is necessary to validate his/her electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of his/her electronic signature of this binding Agreement. Participant’s consent to the electronic signature applies only to this Agreement and does not apply to any separate transactions or communications with FIM. Participant may request a paper copy of the completed and binding Agreement.
Date: August 16, 2022